Railways

BirminghamB4 6GA52.484141-1.898832COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981Compulsory Purchase (Vesting Declarations) Act 1981Compulsory Purchase (Vesting Declarations) Act 1981, s. 4High Speed Rail (London - West Midlands) Act 20172017-02-232021-09-02TSO (The Stationery Office), customer.services@thegazette.co.uk387602163462

HIGH SPEED RAIL (LONDON – WE ST MIDLANDS) ACT 2017

COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981

TO: PERSONS HAVING A RELEVANT INTEREST IN THE LAND DESCRIBED IN THE SCHEDULE HERETO

1. The High Speed Rail (London – West Midlands) Act 2017 ("the High Speed Rail Act") received Royal Assent on 23 February 2017.

2. The Secretary of State for Transport (the “Acquiring Authority”) is authorised under section 4 of the High Speed Rail Act to exercise powers under section 4(1) of the High Speed Rail Act to acquire compulsorily so much of the land within the limits of the High Speed Rail Act as may be required for Phase One purposes1.

3. By virtue of section 4(4) of the High Speed Rail Act, the Compulsory Purchase (Vesting Declarations) Act 1981 ("the 1981 Act") applies as if the High Speed Rail Act were a compulsory purchase order.

4. Pursuant to section 3A of the 1981 Act2 before making a general vesting declaration (“GVD”) under section 4 of the 1981 Act the Acquiring Authority must, in a notice which is (a) given to every person with a relevant interest in the land with respect to which a GVD is to be made (other than a mortgagee who is not in possession); and (b) published in the London Gazette, include the particulars in section 3A(3) of the 1981 Act3.

5. Notice is hereby given pursuant to section 3A of the 1981 Act4.

6. Pursuant to section 3A(3) of the 1981 Act, a Statement of the Effect of Parts 2 and 3 of the 1981 Act is contained in Part 1 of Schedule 2 to this notice, which provides an explanation of the process for and the effect of a GVD in respect of the land described in Schedule 1 hereto. Part 1 of Schedule 2 to this notice also invites any person who would be entitled to claim compensation if a GVD were executed under section 4 of the 1981 Act to give the Acquiring Authority information about the person’s name, address and interest in the land using the form set out in Part 2 of Schedule 2.

SCHEDULE 1

DISTRICT OF STRATFORD-ON-AVON

(1) Plot No (2) Description
66920 All interests in 374.4 square metres, or thereabouts, of verge (Southam Road) excluding the interests held by the Secretary of State for Transport
66921 All interests in 133.9 square metres, or thereabouts, of agricultural land (Southam Road)
66923 All interests in 17098.1 square metres, or thereabouts, of agricultural land and pond (Harp Farm)
66930 All interests in 171.8 square metres, or thereabouts, of agricultural land (The Oaks)
66932 All interests in 1184.7 square metres, or thereabouts, of grassland and hedgerow (The Oaks)
66938 All interests in 1035.8 square metres, or thereabouts, of public road and verges (Banbury Road) excluding the interests held by the Secretary of State for Transport
66950 All interests in 401.3 square metres, or thereabouts, of access track, woodland and public footpath (270/SM33/1) (Banbury Road)
66953 All interests in 935.4 square metres, or thereabouts, of grassland, woodland and public footpath (270/SM33/1) (Banbury Road)
66957 All interests in 531.0 square metres, or thereabouts, of grassland and woodland (Banbury Road)
66959 All interests in 750.8 square metres, or thereabouts, of grassland, hedgerows and pond (Southam United Football Club)
66961 All interests in 1510.8 square metres, or thereabouts, of agricultural land and hedgerow (Banbury Road)
66963 All interests in 216.9 square metres, or thereabouts, of woodland and access track (Southam United Football Club)
66976 All interests in 774.6 square metres, or thereabouts, of public road, verges and footways (Lark Road)
66980 All interests in 2.8 square metres, or thereabouts, of outbuilding (Kineton Road)
69516 All interests in 72.6 square metres, or thereabouts, of access track (Banbury Road)
69517 All interests in 451.3 square metres, or thereabouts, of access track (Harp Farm)
69518 All interests in 746.4 square metres, or thereabouts, of grassland and pond (Harp Farm)
69542 All interests in 408.3 square metres, or thereabouts, of verge (Southam Road) excluding the interests held by the Secretary of State for Transport
69543 All interests in 61.2 square metres, or thereabouts, of verge (Southam Road) excluding the interests held by the Secretary of State for Transport
70051 All interests in 516.8 square metres, or thereabouts, of agricultural land (Starbold Farm)
70052 All interests in 508.9 square metres, or thereabouts, of agricultural land and drain (Starbold Farm)
70054 All interests in 2648.8 square metres, or thereabouts, of agricultural land, hedgerow and public footpath (270/SM33/1) (Starbold Farm)
70059 All interests in 123.1 square metres, or thereabouts, of access track (Banbury Road)
70060 All interests in 14100.2 square metres, or thereabouts, of agricultural land, hedgerow and drain (Banbury Road)
70064 All interests in 110.2 square metres, or thereabouts, of agricultural land and grassland (Kineton Road)
70065 All interests in 340.7 square metres, or thereabouts, of grassland (Kineton Road)
70067 All interests in 431.2 square metres, or thereabouts, of access track and public footpath (270/SM33/1) (Starbold Farm)
70701 All interests in 3896.3 square metres, or thereabouts, of agricultural land and grassland (Harp Farm)
70702 All interests in 1196.2 square metres, or thereabouts, of agricultural land (Starbold Farm)
70703 All interests in 3395.4 square metres, or thereabouts, of public road and verges (Southam Road)
70704 All interests in 2640.5 square metres, or thereabouts, of public road and verges (Southam Road)
70705 All interests in 3275.7 square metres, or thereabouts, of public road and verges (Banbury Road)

SCHEDULE 2

PART 1

STATEMENT OF EFFECT OF PARTS 2 AND 3 OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981

POWER TO EXECUTE A GENERAL VESTING DECLARATION

1. The Acquiring Authority may acquire any of the land described in Schedule 1 above by executing a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (“the 1981 Act”). This has the effect, subject to paragraphs 3 and 5 below, of vesting the land in the Acquiring Authority at the end of the period mentioned in paragraph 2 below.

NOTICES CONCERNING GENERAL VESTING DECLARATION

2. As soon as may be after the Acquiring Authority executes a general vesting declaration, they must serve notice of it on every occupier of any of the land specified in the declaration (except land where there is one of the tenancies described in paragraph 4) and on every person who gives them information relating to the land in pursuance of the invitation contained in any notice. When the service of notices of the general vesting declaration is completed, a period specified in the declaration, of not less than three months, will begin to run. On the first day after the end of this period the land described in the declaration will, subject to what is said in paragraphs 3 and 5, vest in the Acquiring Authority together with the right to enter on the land and take possession of it. Every person on whom the Acquiring Authority could have served a notice to treat in respect of his interest in the land (other than a tenant under one of the tenancies described in paragraph 4) will be entitled to claim compensation for the acquisition of his interest in the land, with interest on the compensation from the vesting date.

3. The “vesting date” for any land specified in a declaration will be the first day after the end of the period mentioned in paragraph 2 above, unless a counter-notice is served under Schedule A1 to the 1981 Act5 within that period. In such circumstances, the vesting date for the land which is the subject of the counter-notice will be determined in accordance with Schedule A1.

MODIFICATIONS WITH RESPECT TO CERTAIN TENANCIES

4. In the case of certain tenancies, the position stated above is subject to modifications. The modifications apply where the tenancy is either a “minor tenancy”, i.e. a tenancy for a year or a yearly tenancy or a lesser interest, or “a long tenancy which is about to expire”. The latter expression means a tenancy granted for an interest greater than a minor tenancy but having on the vesting date a period still to run which is not more than the period specified in the declaration for this purpose (which must be more than a year). In calculating how long a tenancy has still to run, where any option to renew or to terminate it is available to either party, it shall be assumed that the landlord will take every opportunity open to him to terminate the tenancy while the tenant will use every opportunity to retain or renew his interest.

5. The modifications are that the Acquiring Authority may not exercise the right of entry referred to in paragraph 2 in respect of land subject to a tenancy described in paragraph 4 unless the Acquiring Authority first serves notice to treat in respect of the tenancy and then serves every occupier of the land with a notice of intention to enter and take possession after the period (not less than 14 days6 from the service of the notice) specified in the notice. The right of entry will be exercisable at the end of that period. The vesting of the land will be subject to the tenancy until the end of that period or until the tenancy comes to an end, whichever happens first.

PROVISION OF INFORMATION

Every person who, if a general vesting declaration were made in respect of all the land authorised to be acquired by the Acquiring Authority pursuant to the High Speed Rail (London – West Midlands) Act 2017 (other than land in respect of which notice to treat has been given), would be entitled to claim compensation in respect of any such land, is invited to give information to the Acquiring Authority in the prescribed form with respect to his name and address and the land in question. The relevant prescribed form is set out below.

Dated 02 September 2021

Mike Hickson OBE, Director of Land & Property

High Speed Two (HS2) Limited as Agent for and on behalf of the Secretary of State for Transport

PART 2

FORM FOR GIVING INFORMATION

To: Head of Land Assembly

Land & Property Directorate

High Speed Two (HS2) Limited

Two Snowhill

Snowhill Queensway

Birmingham, B4 6GA

[I] [We] being [a person] [persons] who, if a general vesting declaration were executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of all of the freehold mines and minerals comprised within the Land together with the right to win and work them and all related ancillary rights, comprised in the compulsory purchase order cited above in respect of which notice to treat has not been given, would be entitled to claim compensation in respect of [all][part of] that freehold mines and minerals comprised in the Land, give you the following information, pursuant to the provisions of Section 3A7 of the Compulsory Purchase (Vesting Declarations) Act 1981.

1. NAME AND ADDRESS OF INFORMANT(S)1

………………………………………………………………………………

………………………………………………………………………………

………………………………………………………………………………

2. LAND IN WHICH AN INTEREST IS HELD BY INFORMANT(S)2

………………………………………………………………………………

………………………………………………………………………………

………………………………………………………………………………

3. NATURE OF INTEREST3

………………………………………………………………………………

………………………………………………………………………………

………………………………………………………………………………

Signed ……………………………………………………………………….

(on behalf of…………………………………………………………………)

Date ………………………………………………………………………..

C317_144

1 In the case of a joint interest, insert the names and addresses of all of the informants.

2 The land should be described concisely.

3 If the interest is leasehold, the date of commencement and length of term should be given. If the land is subject to a mortgage or other encumbrance, details should be given (e.g. name of building society and roll number).

1Phase One Purposes has the meaning given by section 67 of the High Speed Rail Act.

2 Section 3A of the 1981 Act as inserted by paragraph 3(a) of Schedule 6 to the High Speed Rail Act as substituted by section 11 of, and paragraphs 6 and 7 of Schedule 14 to, that Act.

3As amended by the High Speed Rail Act.

4 As amended by the High Speed Rail Act.

5 Schedule A1 to the 1981 Act as amended by section 11 of and paragraph 6 of Schedule 14 to the High Speed Rail Act.

6 Section 9 of the 1981 Act as modified by paragraph 3(d) of Schedule 6 to the High Speed Rail (London - West Midlands) Act 2017 as substituted by section 11 of, and paragraph 6 of Schedule 14 to, that Act.

7 Section 3A of the 1981 Act as inserted by paragraph 3(a) of Schedule 6 to the High Speed Rail (London – West Midlands) Act 2017 as substituted by section 11 of, and paragraphs 6 and 7 of Schedule 14 to, that Act.